Maurilio Perez — ADJ10807065

Maurilio Perez, the operations manager of Dynamic Auto Images, died after falling approximately 12 feet from a carport roof he was dismantling at a facility being closed. After the underlying death case resolved via compromise and release with the insurer (excluding any serious and willful claim), six dependents pursued a serious and willful misconduct (S&W) claim against the uninsured corporate employer. Following a two-day trial, the WCJ found no serious and willful misconduct by the employer because the decedent himself was the executive with autonomy over the dismantling work, and no other member of the management team knew the work would be done unsafely. The WCAB denied reconsideration, adopting and incorporating the WCJ's report and reasoning. The Board concluded that petitioners failed to prove the requisite quasi-criminal knowledge by any qualifying named employer representative, and that OSHA findings (settled with a non-admissions clause) had no collateral estoppel effect.